Commentary for Kiddushin 43:1
תמותות שחוטות ואל יאכלו בשר תמותות נבילות (דברים כא, יא) וחשקת אע"פ שאינה נאה בה ולא בה ובחברתה
[animals] about to die, yet [ritually] slaughtered, than flesh of dying animals which have perished;<span class="x" onmousemove="('comment',' Without ritual slaughter. The first too is repulsive, but sanctioned.');"><sup>1</sup></span> 'and thou hast a desire' - even if she is not beautiful; 'unto her' - but not her and her companion;<span class="x" onmousemove="('comment',' The warrior must not take two.');"><sup>2</sup></span> 'and thou shalt take' - thou hast marriage rights<span class="x" onmousemove="('comment',' Lit., 'taking'.');"><sup>3</sup></span>
Daf Shevui to Kiddushin
This baraita goes through every word or phrase of the passage about the “beautiful captive woman” and explains what it teaches. I will go through these rules one at a time:
1) This rule applies only when in war. This is not something that can be done in peace time.
2) The rule applies even if she is already married to a non-Jewish man.
3) The reason that the Torah calls her beautiful is that it realizes the evil inclination of men. The Torah preferred to the lesser evil of basically forced marriage to what would basically be rape. This is a concession, not an ideal
4) While the Torah calls her beautiful, the law applies to any woman the man desires.
5) The soldier can only take one such wife, not two.
6) He must marry her (after the first intercourse).
7) He cannot take two women, one for him and one for a family member.
8) He cannot have sex with her there on the battlefield. He must bring her home.
Note that while there is still much that is disturbing in these laws (what about her consent?) the rabbis do seem to be modifying the Torah’s rulings such that the situation is slightly better for her.
1) This rule applies only when in war. This is not something that can be done in peace time.
2) The rule applies even if she is already married to a non-Jewish man.
3) The reason that the Torah calls her beautiful is that it realizes the evil inclination of men. The Torah preferred to the lesser evil of basically forced marriage to what would basically be rape. This is a concession, not an ideal
4) While the Torah calls her beautiful, the law applies to any woman the man desires.
5) The soldier can only take one such wife, not two.
6) He must marry her (after the first intercourse).
7) He cannot take two women, one for him and one for a family member.
8) He cannot have sex with her there on the battlefield. He must bring her home.
Note that while there is still much that is disturbing in these laws (what about her consent?) the rabbis do seem to be modifying the Torah’s rulings such that the situation is slightly better for her.
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